In Smith v. Mcdonough, Sec’y of Veterans Affairs, No. 22-6131, 2023 WL 2765898, (10th Cir. Apr. 4, 2023), Eric Smith, a longtime employee of the United States Department of Veterans Affairs (“VA”), sued his employer for employment discrimination and harassment that he asserted amount to a hostile work environment. And while Smith was a Black male with post-traumatic stress disorder (“PTSD”) neither his race nor disability appeared to be the reason that Smith was on the receiving end of his supervisor’s wrath. You see, Smith testified that his boss, Darryl Lynch, “was displeased I was in California with Mr. Lynch’s ex-girlfriend.” Yep, that will do it.
Employment laws protect employees from lots of forms of discrimination and hatred by managers and supervisors as well as from facing retaliation for reporting or opposing unlawful discrimination or harassment. However, there are no laws that protect employees from retaliation as a result of buttering the biscuit of your boss’s ex.
Now, I have to give Smith and his legal team points for creativity for raising a claim of reverse-gender discrimination and implying that this has to do with Smith being male. But the boss wasn’t discriminating against other males and certainly, if his former lady’s new lover was female, he may have been equally upset. Moreover, as Smith and his legal team failed to develop this argument, the United States Court of Appeals for the Tenth Circuit rejected it:
Smith also alleges that “Mr. Lynch was displeased [Smith] was in California with Mr. Lynch’s ex-girlfriend.” However, Smith makes no specific argument to the district court or this court to show how this fact supports a theory of reverse gender discrimination.
Id. at *5 (citations to the record omitted).
Thus, the moral of this story is that if you decide to knock boots with your boss’s former (or current) sweetheart, best to keep it on the down low.
Best Wrongful Termination Attorney Blogs on Point:
- Yes, Managers Can Be Demoted For Not Reporting Sexual Harassment To HR
- Yes, You Can Be Fired For Screwing Up Brain Surgeries
- Yes, You Can Be Fired For Violating Rules You Created
- Yes, You Can Be Fired For Submitted Forged Financial Documents
- Yes, You Can Be Fired for Abrasive Behavior Even If You’re Pregnant
What laws protect employees from discrimination and what do they protect?
There are several laws that protect employees from discrimination in the workplace. Discrimination is the act of treating someone unfairly or differently based on their personal characteristics such as race, gender, age, religion, national origin, disability, sexual orientation, or pregnancy status. These laws aim to provide equal opportunities and protect employees from discrimination in all aspects of employment, including hiring, firing, promotions, pay, and job assignments. These include:
- Title VII of the Civil Rights Act of 1964 is one of the most important laws that protect employees from discrimination. It prohibits discrimination based on race, color, religion, gender, sexual orientation, gender identity, or national origin. This law applies to employers with 15 or more employees, including federal, state, and local governments. Title VII prohibits discrimination in all aspects of employment, including hiring, firing, promotions, pay, and job assignments. It also prohibits harassment and retaliation against employees who file complaints or participate in investigations.
- Age Discrimination in Employment Act of 1967 (“ADEA”) prohibits employment discrimination against individuals 40 years of age or older. This age discrimination law applies to employers with 20 or more employees, including federal, state, and local governments. ADEA prohibits discrimination in all aspects of employment, including hiring, firing, promotions, pay, and job assignments. It also prohibits retaliation against employees who file complaints or participate in investigations.
- Americans with Disabilities Act (“ADA”) prohibits discrimination against individuals with disabilities in all aspects of employment, including hiring, firing, promotions, pay, and job assignments. This law applies to employers with 15 or more employees, including federal, state, and local governments. The ADA requires employers to make reasonable accommodations for employees with disabilities unless doing so would create an undue hardship on the employer.
- Pregnancy Discrimination Act of 1978 (“PDA”) prohibits discrimination based on pregnancy, childbirth, or related medical conditions. This law applies to employers with 15 or more employees, including federal, state, and local governments. The PDA prohibits discrimination in all aspects of employment, including hiring, firing, promotions, pay, and job assignments.
- Equal Pay Act (“EPA”) prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require equal skill, effort, and responsibility under similar working conditions. This law applies to all employers covered by the Fair Labor Standards Act, which includes most employers.
- Genetic Information Nondiscrimination Act (“GINA”) prohibits discrimination based on genetic information. This law applies to employers with 15 or more employees, including federal, state, and local governments. GINA prohibits discrimination in all aspects of employment, including hiring, firing, promotions, pay, and job assignments. It also prohibits harassment and retaliation against employees who file complaints or participate in investigations.
- Uniformed Services Employment and Reemployment Rights Act (“USERRA”) protects employees who serve in the military by prohibiting discrimination in all aspects of employment, including hiring, firing, promotions, pay, and job assignments. This law applies to all employers, regardless of size.
These laws protect employees from discrimination based on various personal characteristics, and employers are required to comply with them. Additionally, depending on where you work, there may be various state or even municipal laws that come into play.
Although Smith had personal characteristics that fell within some of these protected classes, it is not enough just to be in the protected class. Instead, the adverse employment action taken against the employee must be because of that employee’s protected characteristic.
Best Employment Discrimination Lawyer Blogs on Point:
- Bringing Discrimination Claims In The Alternative: Was It Race Or Age?
- Limiting Overtime Based On Race Is Discrimination
- ADA: Don’t Fire Disabled Employees Who Already Do The Job
- It Is Critical To Document Complaints Of Discrimination And Harassment
Do I have a viable employment discrimination claim?
If you have recently been wrongfully fired or facing discrimination or harassment at work based on your race, national origin, gender, age, religion, disability, or other protected class, do not wait to consult an employee’s rights law firm to directly learn what your rights and potential claims are. Your best option is to call the right attorney to schedule a free and confidential consultation. (Read: What is the Spitz No Fee Guarantee?; Why Having Skilled Employment Attorneys Is Critical; Employment Law: Avoid Hiring The Wrong Attorney). Contact our attorneys in Ohio, Michigan, North Carolina, and Kentucky to get help now. Spitz, The Employee’s Law Firm and its experienced attorneys are dedicated to protecting employees’ rights and solving employment disputes.
Disclaimer:
This employment discrimination and wrongful termination website is an advertisement. The race, gender, sex, national origin, age, disability, and military discrimination information available at the top of this article is to generally provide information to readers and not to give personal legal advice. If you are having workplace legal issues, it would be best for you to contact our top attorneys to obtain advice with respect to any particular employment law issue or problem. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at or through this site are the opinions of the individual lawyer and may not reflect the opinions of The Spitz Law Firm, Brian Spitz, or any individual attorney.